In re Estate of House, 2014 Wash. App. LEXIS 3006 (Wash. Ct. App. 2014) -
A release waiving any and all claims that the parties may have or may acquire, bars recovery for unknown claims existing at the time the release...more

It’s no secret, lawsuits can be expensive. That’s why parties frequently consider the availability of recovering attorney’s fees when deciding whether to pursue (or defend) a lawsuit. While attorney’s fees have been available...more

Wisconsin Company Held in Contempt for Failure to Provide Information and Pay EEOC's Attorney's Fees -
MADISON, WISCONSIN - North Broadway Holdings, Inc., owner of a restaurant previously known as Sparx Restaurant, and...more

Delaware corporations should evaluate their certificates of incorporation or bylaws in light of new amendments to the Delaware General Corporation Law.
On June 24, Delaware Governor Jack Markell signed Senate Bill 75...more

In a novel and somewhat convoluted fact pattern, the California Court of Appeal yet again sent a loud and clear message: The purpose of the California Public Records Act ("CPRA") is to monitor governmental activities despite...more

In what has already become news in the copyright community nationwide, the State of Georgia has launched a legal campaign against Public.Resource.org, Inc., a California non-profit corporation that dedicates itself to...more

The Fifth District Court of Appeal has confirmed that the 90-day statute of limitations under the Subdivision Map Act includes takings claims arising out of Map Act decisions. Honchariw_v._County_of_Stanislaus, No. F069145...more

As I’ve done in past years, this post and the next one will summarize some takeaways I gleaned from this year’s DRI Class Action Seminar.
Impact of Dart Cherokee: Nowell Berreth, who argued this case in the Supreme...more

In Amerisure Mut. Ins. Co. v. Arch Specialty Ins Co., No. 14-20239 (5th Cir. April 21, 2015), a case that applied Texas law, the U.S. Court of Appeals for the Fifth Circuit recently held that the word “expenses,” as used in a...more

An Ohio appellate court has affirmed an order of sanctions against counsel for borrowers who filed a frivolous lawsuit against the lender alleging fraud, breach of contract and estoppel in connection with failed attempts to...more

On June 29, 2015, President Barack Obama signed the Trade Adjustment Assistance Reauthorization Act of 2015 (“TAARA 2015”) into law as part of the Trade Preferences Extension Act of 2015, which gave President Obama "fast...more

First Circuit Rules Bankruptcy Code Preempts Puerto Rico's Recovery Act -
On Monday, July 6, the Court of Appeals for the First Circuit affirmed the February 6, 2015 order and injunction of the Puerto Rico District...more

A creditor recently received a wake-up call from the Bankruptcy Court for the District of South Carolina in In re Crawford, an opinion issued by the Court on June 8, 2015. In Crawford, the Court granted the debtors’ motion to...more

On July 1, 2015, the United States District Court for the District of Maryland issued an opinion granting Connecticut General Life Insurance Company’s (“CGLIC”) motion to dismiss a payee’s claims for breach of contract and...more

In the 2015 Pennsylvania Superior Court Non-precedential Decision, Boer v. Pott, the Court confirmed husband's right to seek attorney's fees against wife due to wife's failure to comply with the parties' prenuptial agreement....more

On Feb. 15, the Federal Aviation Administration proposed a regulatory framework applicable to small commercial drones, or unmanned aircraft systems, meaning those weighing less than 55 pounds. The comment period on this...more

A lawsuit asserting intellectual property claims and violations of a non-competition and non-solicitation agreement played a dominant role in the second season of HBO’s comedy “Silicon Valley.” Throughout the season, it was...more

The Third Circuit recently held that a plaintiff was not entitled to a monetary, equitable remedy under ERISA § 502(a)(3) where he failed to prove actual harm. Perelman v. Perelman, Nos. 14–1663, 14–2742, 2015 WL 4174537 (3d...more

Recent decisions by the US Court of Appeals for the Third Circuit and the Delaware Court of Chancery have raised important issues regarding fee advancement bylaws or policies of Delaware corporations.
Please see full...more

In In re Butler, 2015 DJDAR 5345, the California Court of Appeal for the First Appellate District decided a prison case and awarded attorney fees under the Private Attorney General Doctrine contained in CCP§ 1021.5. The court...more

In Faton v. Ahmedo, 2015 DJDAR 5256, the California Court of Appeal for the Fourth Appellate District held that where an attorney fee request is a mere “incident to a cause of action,” they need not be pleaded and proven, as...more

In Ryan v. Editions Limited West Inc., 2015 DJDAR 5455, the U.S. Court of Appeal for the Ninth Circuit decided an important issue of first impression: does the Copyright Act of 1976 preclude enforcement of a contractual...more

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